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FOR SALE > FEE SIMPLE COCONUT BEACH RESORTFULLY ENTITLED INFRASTRUCTURE IN PLACEDEVELOPMENT OPPORTUNITY

Coconut Beach ResortAleka Loop, Waipouli, Kauai, Hawaii, USA

*Bratton Realty Advisers, Ltd. Exclusively contracted to Colliers International HI, LLC. This document has been prepared by Colliers International for advertising and general information only. Colliers International makes no guarantees, representations or warranties of any kind, expressed or implied, regarding the information including, but not limited to, warranties of content, accuracy and reliability. Any interested party should undertake their own inquiries as to the accuracy of the information. Colliers International excludes unequivocally all inferred or implied terms, conditions and warranties arising out of this document and excludes all liability for loss and damages arising therefrom. This publication is the copyrighted property of Colliers International and/or its licensor(s). ©2014. All rights reserved.

COLLIERS INTERNATIONAL220 South King Street

Suite 1800Honolulu, HI 96813

www.colliers.com

Contact UsMark D. Bratton (R), CCIM*Investment Services Division808 523 [email protected]

Susan Morris Investment Services Division407 362 [email protected]

• Entitled for development of 343 time share units and 6 hotel rooms

• Over 1,450 linear feet of white sand beach on the Pacifi c Ocean

• Easy access to busy Kuhio Highway from Aleka Loop• Flat, easily developable topography• Situated between Courtyard by Marriott Kauai at Coconut

Beach Hotel (311 rooms) and Kauai Coast Resort at the Beachboy (108 timeshare units)

Off ers Due: May 15, 2014Tenure: Fee SimpleLand Area: 20.97 AcresTMK No.: (4) 4-3-2: 15, 16, & 20Zoning: RR-20

Property Summary Investment Summary

Kuhio Highway

Kuhio Highway

Pouli RoadPouli Road

Kapaa Bypass

Kapaa Bypass

Papaloa R

oad

Papaloa R

oad

Aleka Loop

Aleka Loop

NORTH KAUAI

SOUTH KAUAI

CENTRALKAUAI

KAPAA

Lihue

Hanalei

Kapaa

Poipu

Waimea

Kauai Coast Resort Kauai Coast Resort

at the Beachboyat the Beachboy

Aston Islander on Aston Islander on

the Beachthe Beach

Coconut MarkeplaceCoconut Markeplace

Shopping CenterShopping Center

Courtyard by Marriott Courtyard by Marriott

Kauai at Coconut BeachKauai at Coconut Beach (planned)(planned)(planned)

www.CoconutResortSale.com



• Near the bustling and unique communities of Kapa’a and Wailua which includes a wide variety of restaurants, shops and tourist attractions

• Within 10 miles of the Lihue Airport• Walking distance to the well-known Coconut Marketplace• Within close proximity of 18-hole championship golf course and other courses• Long’s Drugs is planned to be built across Aleka Loop

Property Location

Rendering of Proposed Development




Main Entry

Main Pool

Keiki Pool

Adult Pool

1

1

2

3

3

4

Legend:

2

4


Proposed Site Plan

Proposed Guestroom Elevation

The seller has prepared a preliminary development plan for 332 timeshare units and 6 hotel rooms.




COLLIERS INTERNATIONAL220 South King Street

Suite 1800Honolulu, HI 96813

www.colliers.com

Contact UsMark D. Bratton (R), CCIM*Investment Services Division808 523 [email protected]

Susan Morris Investment Services Division407 362 [email protected]

Parcel # Acres Description15 10.004 Main Parcel16 10.806 Main Parcel20 0.161 Narrow strip of land

between parcels 15 and 16 which have been improved

with a concrete beach access side walk.

Total 20.97

Coconut Beach Resort Parcels

Parcel 15Parcel 15

Parcel 16Parcel 16Parcel 20Parcel 20

Kuhio Highway

Kuhio HighwayAleka Loop

Aleka Loop

Kauai Coast Resort Kauai Coast Resort

at the Beachboyat the Beachboy

Aston Islander on Aston Islander on

the Beachthe Beach

Courtyard by Marriott Courtyard by Marriott

Kauai at Coconut BeachKauai at Coconut Beach

(planned)(planned)(planned)

• 343 resort condominium units (may develop any mixture of 1, 2 and 3 bedroom condos)

• 6 hotel units• 565 parking stalls• 2 paved shoreline access walkways - one on each

side of the land with public parking to service one of the walkways

• 12 designated public parking spaces

Entitlements

www.CoconutResortSale.com

Coconut MarkeplaceCoconut Markeplace

Shopping CenterShopping Center

Coconut Beach Resort Confidentiality Agreement

Page 1

CONFIDENTIALITY AGREEMENT

THIS CONFIDENTIALITY AGREEMENT (this "Agreement") is made as of the _____ day of _______________, 2013, by ___________________________________________________________________________ ("Recipient"), whose principal place of business and post office address is at ______________________________________________________________, in favor of Coconut Beach Development, LLC, whose principal place of business and post office address is at 500 W. Monroe St., Suite 3850, Chicago, IL, the owner of the Asset (defined below) (“Owner”), with respect to the fee simple interest in the property commonly known as Coconut Beach Resort, containing approximately 20.97 acres of land, located at Aleka Loop, in the City of Waipouli, County of Kauai, State of Hawaii, TMK Numbers (4) 4-3-2:15, 16, & 20 and all improvements thereon (“Asset”). 1. Background.

Owner and/or Owner’s broker, Colliers International (“Colliers”) may be providing and/or making available to Recipient information and/or documents relating to the Asset. The information may be presented to Recipient in various forms including, but not limited to, photocopies of documents, digital information on CD-ROM, digital information sent via electronic mail, and/or digital information accessible via the Internet (collectively “Information”).

2. Confidentiality. Recipient, including, but not limited to its directors, officers, employees, managers, members and/or shareholders, agrees that it will keep all Information, including any information derived from the Information, regardless of whether the Information is marked or specifically identified as “confidential” or “proprietary”, confidential, except as to Recipient’s professional consultants (disclosed to Owner in advance) who will be evaluating the feasibility of Recipient acquiring the Asset. Recipient further agrees, prior to disclosing the Information to any consultants, that it will inform such consultant that they are required to observe and maintain the confidentiality of the Information and the provisions of this Agreement.

3. Limitation on Use of Information. All Information furnished to Recipient by Owner will be used solely by Recipient for the purpose of evaluating the feasibility of purchasing the Asset and Recipient agrees not to use the Information, including any information derived from the Information, for any other purpose.

4. Limitation on Disclosure of Information. Recipient will not disclose to anyone, with exception to its disclosed consultants, the existence of or any other aspect of the Information or any information derived from the Information.

5. Prohibition Against Copying and Return of Materials. No copies of the Information shall be made or disclosed to anyone whatsoever without the prior written consent of Owner. Upon the completion of the above-described evaluation, or upon request by Owner, Recipient shall return to Owner all Information in the form that was provided to Recipient and any and all duplications thereof.

6. Damages. Recipient acknowledges and agrees that Owner has a substantial, material and proprietary interest in the Information and that if the Information or any other information protected under this Agreement is disclosed by Recipient in any respect whatsoever without Owner’s prior written consent, Owner may suffer immediate and irreparable harm and may be substantially and materially damaged.

7. Remedies.

In the event Recipient breaches any of the conditions set forth in this Agreement, Owner shall have the right to exercise all of its rights and remedies at law and equity, including, without limiting the generality of the


Page 2

foregoing, the right to obtain injunctive relief. The non-prevailing party shall pay all costs and expenses, including, without limitation, reasonable attorneys' fees incurred by the prevailing party in enforcing any of the covenants or conditions contained in this Agreement.

8. Agency. Owner is represented by Colliers, a licensed real estate broker in the State of Hawaii. The brokerage agreement between Owner and Colliers provides for a one percent (1%) commission to any properly licensed US brokers or $200,000 to any properly licensed non-US brokers representing the buyer of the Asset. If a properly licensed real estate broker represents Recipient, Recipient must provide the information below simultaneously with the execution of this Agreement. If Recipient’s broker is not listed below at the time of Recipient’s execution hereof, neither Owner nor Colliers shall be obligated to compensate any alleged brokerage representative of Recipient making claims to commissions at a subsequent date and Recipient shall indemnify, defend and hold Owner and Colliers harmless from any brokerage commission claims. If a properly licensed real estate agent represents itself as Recipient or if a real estate agent is a principal or owner of Recipient, neither Owner nor Colliers shall be obligated to compensate Recipient. No commission will be accrued or paid unless the sale is closed and proceeds distributed to Owner.

Recipient’s Broker: Company:

Agent:

(if not represented License No.:

please write “NONE”) Address:

City:

State & Zip:

Telephone: ( ) Fax: ( )

Email: 9. No Waiver.

No waiver by Owner of any breach hereunder shall be deemed a waiver of any other or subsequent breach.

10. No Oral Modifications. This Agreement may not be altered, amended, changed, waived, terminated or modified in any respect or particular unless the same shall be in writing and consented to by Owner and Recipient.

11. Successors and Assigns. This Agreement shall inure to the benefit of Owner and to its successors and assigns and be binding upon Recipient and its legal representatives, successors and assigns.

12. No Third Party Beneficiaries. This Agreement is not intended to confer any benefits upon any persons, firms, corporations or other entities except Owner and Recipient and their respective directors, officers, employees, managers, members and/or shareholders.

13. Choice of Law. This Agreement shall be construed, governed and enforced in accordance with the laws of the State of Hawaii without giving effect to principles of conflict of laws.

14. No Other Agreement. Recipient acknowledges that this Agreement is solely for the purpose of establishing the confidentiality of the Information and does not grant Recipient any exclusive or other rights in connection with the purchase of Owner’s Asset.


Page 3

IN WITNESS WHEREOF, Recipient has executed this Agreement as of the day and year first hereinabove set forth. “Recipient” Signature Date Print Name Title Company/Organization E-Mail Address City/State/Zip Telephone Facsimile Company/Organization Website Additional Partner(s)/Broker(s) requesting to review due diligence documents: Signature/Date Company/Organization Print Name E-Mail Signature/Date Company/Organization Print Name E-Mail Please return signed Confidentiality Agreement (preferably via email in PDF format) to: COLLIERS INTERNATIONAL Attn: Mark D. Bratton* (R) CCIM Direct: 808-523-9708 Fax: 808-521-0977 Email: [email protected] cc: [email protected]

220 S. King Street, Suite 1800 Honolulu, HI 96813 * Bratton Realty Advisers, Ltd., exclusively contracted to Colliers International

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